BRANDON, Man. — The Crown has stayed a charge of obstruction of justice against a member of the Brandon Police Service.
Court heard the charge stemmed from an alleged assault involving the son of a Brandon police sergeant at a bar in Brandon in July 2014.
Judge Murray Thompson said Const. Shane Stephenson, who was involved in the case, did not investigate until a few months later, when the son was detained and arrested for an alleged assault at another bar.
Court heard the son complained that Stephenson used excessive force on him in the second incident, but agreed to not pursue charges against him.
Stephenson then asked to question the son about the July incident, and the son then filed a complaint to the Law Enforcement Review Agency.
The Winnipeg police investigated the excessive force complaint, but Thompson said Stephenson’s charter rights were violated because he wasn’t told about that investigation.
“The breach is serious; it was a deliberate decision by PSU (Professional Standards Unit) not to inform Stephenson of the jeopardy he faced,” Thompson said in his decision.
“Despite the high public interest in a trial on the merits involving a police officer, who is sworn to uphold the law, it is vital to the long term integrity of the justice system that the significance of the charter breach, one that I find was wilful, not to be condoned by admitting the evidence obtained in its violation.”
After the judge ruled, the Crown stayed the charge.
Published at Mon, 04 Dec 2017 18:40:58 -0500